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Pasona Website Terms and Conditions
("Terms of Use")

Overview

The following rules and regulations apply to all visitors or users of the Pasona website, www.pasona.com (hereinafter referred to as the "Website"). By using this Website, you agree to be bound by these terms and conditions, which may be modified by Pasona at any time and posted on this Website. In the event of a violation of these terms and conditions, Pasona reserves the right to seek all remedies available by law and in equity.

In addition, when using particular services or materials on the Website, visitors and users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

These Terms of Use are effective as of hereof. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

By accepting these terms and conditions through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

All information provided by you on this Website must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these terms and conditions.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Intellectual Property Ownership

Pasona and its Affiliates retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Pasona.

Pasona’s Website and all of its materials, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, video, audio, and job listings (collectively, "Materials" ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our prior written permission. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Pasona will aggressively enforce its intellectual property rights to the fullest extent permitted by law, including seeking of civil remedies and criminal prosecution.

Pasona does not tolerate the use of our trademarks or names in metatags and/or hidden text. Pasona considers the use of our trademarks or names in metatag keywords as trademark infringement and unfair competition. Linking to any Pasona web page is prohibited absent express written permission from Pasona. Framing, inline linking or other association of the Pasona Website or its Materials with links, advertisements and/or other information not originating from the Pasona Website is expressly prohibited.

Services, Content, Specifications and Listings

All services, content, specifications, employment opportunities listed, described or depicted on the Website are subject to change at any time without notice. In addition, any offer for any service or employment made on this Website is void where prohibited. The inclusion of any services or employment opportunities on the Website at a particular time does not imply or warrant that these services or employment opportunities will be available at any time.

You understand that by using this Website, you may encounter content that may be deemed by some to be offensive or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that Pasona and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

Pasona reserves the right, but is not obligated, to limit its services to any person, geographic region or jurisdiction.

Accuracy of Information

We attempt to ensure that information on the Websites is complete, accurate and current. Despite our efforts, information on the Websites may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website, including employment opportunities, job requirements, and the identity and qualification of candidates for employment. In addition, the employment opportunities, its requirements, or candidates’ qualifications may change at any time without notice.

Linking to Third Party Websites

Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the "Third Party Sites"), which may include references to information, documents, software, materials and/or services provided by other parties. In addition, certain Third Party Sites also may provide links to the Pasona Website. None of such links should be deemed to imply that Pasona endorses the Third Party Sites or any content therein.

These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Disclaimer of Warranty:

YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, SERVICES AND EMPLOYMENT OPPORTUNITIES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PASONA NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND PASONA, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL SERVICES OFFERED THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PASONA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES LISTED OR ACQUIRED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASONA HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability

IN NO EVENT WILL PASONA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PASONA IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, EMPLOYMENT OPPORTUNITIES OR EMPLOYMENT CANDIDATES THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE SUPPLIER OF SUCH SERVICES OR EMPLOYMENT OPPORTUNITIES, OR FROM THE EMPLOYMENT CANDIATES.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD PASONA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THE TERMS AND CONDITIONS.

Jurisdiction

By accessing and using this Website, you agree that the terms of this Website shall be governed by the laws of the state of New York.

Dispute Resolution

You agree that, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days from the date of mailing to respond to the Dispute. Notice shall be sent to:

Pasona N A, Inc.
Human Resources Department
879 West 190th Street, Suite 100
Gardena, California 90248

Unless you indicate otherwise in your notice, Pasona shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

In the event that Pasona is unable to resolve the dispute with you through the Legal Department, you and Pasona both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the American Arbitration Association in New York, New York.

Prohibited Uses of the Website

You may not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, libelous, deceptive, fraudulent, tortious, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit (including, but not limited to, graphic descriptions or accounts of sexual acts or to sexual language of a violent or threatening nature directed at another individual or group of individuals), hateful, profane, indecent, racially or ethnically derogatory, victimizes, harasses, degrades, or intimidates (an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability) or otherwise objectionable; (c) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, such as junk or bulk-emailing (also known as “spamming”), chain letters, or any form of lottery or gambling; (d) impersonate any person, business or entity, including our company and our employees and agents; (e) encourage conduct that would constitute a criminal offense; (f) give rise to civil liability; (g) otherwise violate any law; or (h) in doing so, amounts to any conduct that, in the judgment of Pasona, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.

You agree that if we determine at any time in our sole discretion, in addition to any remedies that we may have at law or in equity, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Site Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Pasona’s system or network security using any of the means above may result in civil and/or criminal liability. Pasona will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox, or Safari).

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Pasona.

Secure Shopping Guarantees

We use the industry standard encryption protocol known as Secure Socket Layer ("SSL") to keep your order information secure.

Notice

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Statement

Pasona is committed to protecting the privacy of the visitors to this Website. For information on how information is collected, used, or disclosed by Pasona in connection with your use of this Website, please consult our Privacy Policy.

No Other Agreements

The provisions and conditions of the Terms of Use constitute the entire agreement between you and Pasona related to the use of this Website and supersedes any prior agreements or understandings not incorporated in the Terms of Use.

Revisions

Pasona may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Pasona also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.

Notice for Infringement of Intellectual Property

Pasona does not permit any activities on this Website that infringes on the intellectual properties of others, including but not limited to copyright, trademark, or patent. Pasona may remove any content of any kind that a user posts to this Website ("Comments"). At its sole discretion, Pasona may also permanently terminate a user account for egregious or repeated infringing conduct on the Website.

If you are the owner of an intellectual property or an agent for such owner and believe that any Comments on this Website by third parties infringes upon your rights, you may notify Pasona by providing the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
  • A clear and concise Identification of the intellectual property right being infringed;
  • Identification of the Comment(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Pasona to locate the same;
  • Information reasonably sufficient to permit Pasona to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the Comment(s) or material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.

If you fail to comply with any or all of the requirements above, your notice may not be valid.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Our agent for notice of claims of copyright infringement can be reached as follows:

By Mail:
Pasona N A, Inc.
Human Resources Department
879 West 190th Street, Suite 100
Gardena, California 90248
By EMail:
legal@pasona.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Termination

This Agreement is effective unless and until terminated by either you or Pasona. Pasona may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to this Website, if in Pasona's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Pasona, you must promptly destroy all materials, downloaded or otherwise, obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Human Resources Department by e-mail at legal@pasona.com or by phone at 310-324-1196.

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